Tractor driver found guilty of causing death

Lebogang Mosikare
Correspondent | Sunday May 26, 2013 00:00

Magistrate Sijabuliso Siziba found Peter Amos guilty of causing the death of Mosiiwa Phuthego at Sekokwe lands east of Francistown on 25 June 2013.According to facts of the matter, the deceased and two other people hitched a lift from Amos who was driving an unregistered Messy Ferguson tractor. The three were seated on the mudguard of the tractor when Phuthego fell down while the tractor was in motion.

The tractor then ran over him. He was taken to Matshelagabedi Clinic for treatment and upon arrival he was referred to Nyangabwe Hospital.Phuthego passed away at the hospital the following day from chest and abdominal injuries.'I agree with the defence counsel that you deserve a lenient sentence. However, the offence you have committed on the first count is very serious one.'The court views loss of life seriously. The minimum fine for the first offence (causing death through reckless driving) is P5,000 or a minimum sentence of five years in jail,' said Siziba.

Siziba added: 'The maximum fine is P30,000 or 10 years in jail. In my view the following sentence is sufficient.'You shall pay P10,000 or spend five years in jail if you fail to pay. On the second count (driving without a licence) you shall pay P500 or spend six months in jail in default of payment,' he said. Siziba ruled that Amos should pay the fines by 6 January 2014.Prosecutor Ishmael Bontsibokae told the court that Amos was a first offender before the magistrate passed his sentence.

In mitigation through his attorney, Moabi Madandume, Amos had earlier pleaded with the court to be lenient with him because he was taking care of his five school going children and his parents.Madandume also said Amos did not waste the court's time by agreeing to the charges.'He also took the deceased to hospital. That shows that he cared for the life of the deceased,' said Madandume.